Mark
W.
Bailey
Jr.

As a member of the firm’s Financial Services & Capital Markets industry team, Mark primarily represents commercial lenders, financial institutions, vendors and businesses in commercial transactions and litigation throughout the country. His results-driven advice guides clients in deal strategy and documentation, secured transactions, workouts, out-of-court restructurings, loan documentation, asset recovery, asset disposition and general protection of rights. Litigation forums include federal courts, state courts, arbitration, mediation and appeals in the Sixth and Tenth Circuits. In addition, his extensive experience in the complexities of insolvency protects clients’ interests in a variety of different contexts in bankruptcy and other proceedings, including adequate protection, stay relief, claims matters, adversary proceedings, disclosure and confirmation proceedings, and appeals.

Co-counsel in representation of secured lender in single-asset Chapter 11, defeating confirmation through four successful appeals, including one to the Sixth Circuit, whose opinion has been recommended for full-text publication and received editorial attention.

Represented lender in a series of related preference actions, appeals and amendment of legislation in avoidance of purchase money security interests.

Mark also works closely with clients’ business units and general counsel, regularly advising on case and risk management, improving systems and processes, drafting deal documentation, retaining and managing outside counsel and educating on legal issues and strategies. Mark’s counsel has been applied to a variety of issues, including general lending disputes, lender liability conflicts, contract disagreements, lien priority challenges, foreclosure of lien interests, sale and lease of goods, enforcement of security interests and other commercial code matters.

Experience

Lead counsel to Fortune 100 commercial lender in many significant-sized floor-plan lending transactions throughout the United States that involved retail dealers in a variety of industries. The scope of work included state and federal litigation, alternative dispute resolution and workouts.

One of a handful of lawyers selected for a six-month in-house secondee with a Fortune 100 floor-plan lender to counsel special assets group on accounts involving retailers of boats, manufacturer homes, recreational vehicles, appliances and other consumer products.